1.1.6. Adequate Rest

Reports of long hours and constant work abound in the sector. The lack of defined work hours is common on fishing vessels, where workers are expected to work as long as there is fish to be caught or processed. Despite the sometimes irregular work schedule, a clear and defined understanding of working hours is essential in gaining a better picture of working conditions for workers in the sector.

According to Article 14 of ILO C188: "For fishing vessels regardless of size remaining at sea for more than three days, after consultation and for the purpose of limiting fatigue, establish the minimum hours of rest to be provided to fishers. Minimum hours of rest shall not be less than: (i) ten hours in any 24-hour period; and (ii) 77 hours in any seven-day period."

Local laws make clear that workers should be provided with adequate rest in certain times of the day, week, and year, and be provided with rest periods, which are periods when workers are free from work.

The standard states that an employer cannot require workers to work more than the daily or weekly limits, unless the workers agree to it.

Read below for more specific guidance on this standard:

Guidance

There is a mechanism in place for workers to record hours worked;
Working hours meet the domestic legal minimum requirements, and overtime hours are paid at a premium as required by law;
Workers have at least 10 hours of rest in a 24-hour period and at least 77 hours in a 7-day period;
Overtime is voluntary;
There is an independent, third party oversight mechanism for verification of working hours;
Onshore workers do not work more than 48 hours/week even if the law permits more;
Onshore workers do not work more than 6 days/week;
The workplace has systems in place to anticipate peak production needs and seasonal variation to ensure that excessive overtime is not required;
The workplace has paid pre- and post-natal maternity/paternity leave with adequate compensation.

Additional Information

For Vessels

Vessel-based worker’s daily hours of work and rest are recorded in a standard format in the working language of the ship (and the worker’s native language or a language the worker understands, if different) and endorsed by the worker and captain/skipper.
For vessel-based workers, hours are restricted to 14 hours in any 24 hour period. If the normal rest period is interrupted, workers are given compensatory rest.

Overtime

All overtime work is purely voluntary, unless specifically stated otherwise in a legally recognized collective bargaining agreement.
Workers are free to refuse overtime work without threat or fear of punishment or reprisal.
In cases where remuneration is based on productivity targets such as piece rate systems, workers are not forced to work more overtime hours than allowed by national law in order to achieve their production quota or to meet minimum wage.

Record-keeping

There must be a maintenance of reliable time records.
Use timeclock or a similar system that allows each worker to independently punch in and out upon their arrival and departure at the facility. The time records from this system should be used for payroll and benefits calculations.

Maternity or Sick Leave

There should be no financial penalty for maternity or sick leave.

Sample questions to guide you when assessing the Unit of Assessment against the standard

How are workers hours recorded?
How much rest do workers typically get in a 24-hour period?
How much rest do workers typically get in a week?
Do you have a system in place to anticipate peak production needs and seasonal variation to ensure that excessive overtime is not required?
Do you offer paid maternity/paternity leave with adequate compensation?